TERMS OF USE Banner

INTRODUCTION

Welcome to https://us.jackwolfskin.com (the “Website”). The Website is owned and operated by Jack Wolfskin North America, Inc. and its parent company, Topgolf Callaway Brands Corp., and its subsidiaries and affiliates (collectively referred to herein as “Jack Wolfskin,” “we,” “us” and “our”).

By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the “Agreement”) and any and all rules, guidelines and directions found throughout the Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. SECTION 15 CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

By using the Website you also represent that you are at least 13 years old. Jack Wolfskin does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.

In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement; however, any change to this Agreement made after your last usage of the Website will not be applied retroactively and will not apply to any Claim (as defined in Section 15) that accrued prior to the effective date of the change. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

  1. 1. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

  1. 2. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials and information available at or through the Website.

  1. 3. RESTRICTIONS ON USE OF MATERIALS

Trademarks. Jack Wolfskin and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of Jack Wolfskin and its affiliates. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark owned or controlled by Jack Wolfskin or any third party

Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of Jack Wolfskin or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Jack Wolfskin or any third party.

The Website and the information contained in reference herein are for your personal, non- commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Jack Wolfskin or its lawful successors and assigns.

For usage permission, please contact us via e-mail at jwinfo@jackwolfskin.us

  1. 4. NOTICE OF COPYRIGHT INFRINGEMENT

We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material on the Website that is requested to be removed;
  • Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  • An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of copyright infringement on the Website is Jack Wolfskin’s General Counsel, who can be reached as follows:

GENERAL COUNSEL, 2180 RUTHERFORD ROAD, CARLSBAD CA 92008

  1. 5. REGISTRATION

You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jack Wolfskin immediately of any breach of security or unauthorized use of your account. Jack Wolfskin will not be liable for any losses caused by any unauthorized use of your account. Jack Wolfskin reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.

  1. 6. COMMENTS AND UNSOLICITED SUBMISSIONS

We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted to the Website or sent to us, whether through the Website, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of Jack Wolfskin. Your submission of any such Comments shall constitute an irrevocable assignment to Jack Wolfskin of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Jack Wolfskin (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions”).

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant Jack Wolfskin (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub- licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.

You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

The terms of the Submissions License shall govern our right to use all Unsolicited Submissions. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Unsolicited Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Unsolicited Submissions submitted by you to us.

  1. 7. LICENSE AND WEBSITE ACCESS

Jack Wolfskin grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jack Wolfskin. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Jack Wolfskin. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jack Wolfskin and its affiliates, licensors or licensees without express written consent of Jack Wolfskin. You may not use meta tags or any other hidden text using Jack Wolfskin’s name or trademarks without the express written consent of Jack Wolfskin. Any unauthorized use will immediately terminate the permission or license granted by Jack Wolfskin.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Jack Wolfskin so long as the link does not portray Jack Wolfskin or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Jack Wolfskin in its sole discretion. You may not use any Jack Wolfskin logo or other proprietary graphic or trademark as part of the link without express written permission of Jack Wolfskin. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from Jack Wolfskin.

 
  1. 8. THIRD-PARTY AND CO-BRANDED WEBSITES

The Website may contain hyperlinks (“links”) to websites operated by persons or entities other than Jack Wolfskin (“third-party Websites”) or to co-branded websites operated by a third party, including Jack Wolfskin’s affiliates and licensees (“co-branded Websites”). We provide such links for your reference and convenience only. A link from the Website to a third-party or co-branded Website does not mean or imply that Jack Wolfskin endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Jack Wolfskin explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Jack Wolfskin does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Jack Wolfskin does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Jack Wolfskin with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third- party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Website. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any Staged or offline transaction with any of these third- parties.

JACK WOLFSKIN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

  1. 9. YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Jack Wolfskin. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Website or any co-branded Website must be accurate, complete, and current.

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

 
  1.  10. TERMINATION OR RESTRICTION

Jack Wolfskin may terminate or restrict your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Website at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.

  1.  11. RISK OF LOSS

All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Jack Wolfskin. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Jack Wolfskin delivers these items to the carrier.

  1. 12. PRODUCT INFORMATION

Jack Wolfskin attempts to be accurate in describing its products and services on the Website. We do not warrant that product and service descriptions or other content of this or any other Website are complete, reliable, current, or error-free.

We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer’s display of any color on the Website will be accurate.

Many Jack Wolfskin products displayed on the Website may be available in retail store(s) in the United States while supplies last. In some cases, merchandise displayed for sale at the Website may not be available in retail store(s). Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

 
  1. 13. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE WEBSITE IS PROVIDED BY JACK WOLFSKIN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JACK WOLFSKIN MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JACK WOLFSKIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL JACK WOLFSKIN, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO TRAVISMATHEW THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 
  1. 14. GOVERNING LAW

Except as otherwise set forth in Section 15 below, this Agreement and your use of the Website will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any disputes arising out of this Agreement or your use of the Website will be heard only in the state or federal courts located in San Diego County, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in the Binding Arbitration section and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence.

  1. 15. BINDING ARBITRATION

    1. NOTICE: PLEASE READ THIS SECTION OF THIS AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION.
    2. MANDATORY INFORMATION DISPUTE RESOLUTION: If you or Jack Wolfskin have a Claim (defined below), you and Jack Wolfskin agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a notice to the other party that describes the Claim. The notice must include the initiating party’s name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the Claim and (2) the nature and basis of the relief sought, with a detailed calculation. Your notice shall be sent by mail to 2180 Rutherford Rd., Carlsbad, CA 92008, Attn: Law Department. You must personally sign the notice. Jack Wolfskin’s notice to you shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the notice, the other party must personally participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or Jack Wolfskin may commence an arbitration proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing a demand for arbitration. The statute of limitations and any filing fee deadlines for a formal arbitration proceeding shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
    3. AGREEMENT TO ARBITRATE: If we are unable to resolve a Claim through the mandatory informal dispute resolution process, you and Jack Wolfskin agree that, except as set forth below, all Claims between you and us will be resolved entirely through the binding individual arbitration process set forth in this Section. For purposes of this Section, “Jack Wolfskin,” “we,” “our,” and “us” include Jack Wolfskin and its employees, officers, directors, parents, agents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors, and assigns.
    4. CLAIMS: “Claims” subject to this Section include all of the following: (1) claims relating to or arising out of this Agreement or any prior or later versions of this Agreement, as well as any changes to the terms of this Agreement; (2) claims relating to or arising out of any aspect of any relationship between you and us; (3) claims relating to or arising out of your access of, use of, or any transactions through, by, or using the Jack Wolfskin Property, including receipt of any advertising, marketing, or other communications from Jack Wolfskin; and (4) claims relating to the interpretation, scope, applicability, or enforceability of this Agreement or this Section except as set forth in Section 14(b), Section 14(k), and Section 14(l). Except as provided below, (1) claims are subject to arbitration whether they are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory, or whether they seek legal or equitable remedies; (2) all claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future; and (3) claims include claims or disputes that arose before the parties entered into this Agreement or after termination of this Agreement.
    5. CLAIMS NOT COVERED BY ARBITRATION: Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. Claims filed by you or us in court to enjoin infringement or other misuse of intellectual property rights are also not subject to arbitration. Section 14(k) and Section 14(k) set forth additional claims not subject to arbitration.
    6. COMMENCING AN ARBITRATION: Except as set forth Section 14(l), unless the parties agree to select a different arbitration administrator, the arbitration shall be administered by the American Arbitration Association (“AAA“) as follows: under AAA’s Commercial Rules for commercial disputes and under AAA’s Consumer Arbitration Rules for consumers with non-commercial disputes, except as modified by this Section. AAA’s rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free). If AAA is for any reason unable to serve and the parties are unable to agree on an alternative arbitration administrator, then a court of competent jurisdiction shall appoint an arbitration administrator. To commence an arbitration proceeding, you or Jack Wolfskin must send a personally signed demand for arbitration that describes (1) the nature and basis of the Claim(s), and (2) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Section and completed the informal dispute resolution process referenced above. Your notice shall be sent to 2180 Rutherford Rd., Carlsbad, CA 92008, Attn: Law Department. Jack Wolfskin’s notice shall be sent to the most recent contact information we have on file for you. You or Jack Wolfskin must also contact AAA or chosen arbitration administrator and follow its appropriate procedures to commence the arbitration.
    7. ARBITRATION PROCEDURE:
      1. Unless you and we agree otherwise in writing, the arbitration shall be decided by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years of experience, selected in accordance with the chosen arbitration administrator’s rules.
      2. The arbitrator will decide the Claim or Claims in accordance with the terms this Agreement and applicable substantive law, including the FAA, and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. Except as provided in Section (k) below, the arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law.
      3. The arbitrator will take reasonable steps to protect proprietary or confidential information. Any arbitration hearing shall take place in the county in which you reside, unless the parties agree in writing to a different location or the arbitrator so orders. If all Claims are for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with the arbitration administrator’s rules. You and a Jack Wolfskin representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator.
      4. At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding except that any party may appeal any award relating to a Claim for more than $100,000 or for injunctive relief to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding. In either event, you or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.
    8. ARBITRATION COSTS: Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules as set forth above or, if a different arbitration administrator is selected, its rules. If you are a consumer with a non-commercial dispute, we will pay any filing, administration, or arbitrator fees the arbitration administrator requires you to pay if, in a writing signed by you: (1) you claim to be unable to afford it; and (2) you demonstrate that you sought, but were unable to obtain, a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.
    9. JURY WAIVER AND LIMITATION OF RIGHTS: You and we agree that, by agreeing to arbitrate any Claims, the parties are each waiving the right to a trial by jury or a trial before a judge in court (except for matters that may be taken to a court pursuant to this Section). You and we acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal.
    10. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER: You and we agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless mutually agreed to by you and us, the claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding. This Section 14(j) does not apply to requests for public injunctive relief, which are addressed in Section 14(k).
    11. PUBLIC INJUNCTIVE RELIEF WAIVER: Neither you nor we will have the right to seek public injunctive relief as a remedy for any Claim against one another (a “Public Injunctive Relief Request”) in arbitration, if such a waiver is permitted by the FAA. If such a waiver is deemed unenforceable, you and we agree that the Public Injunctive Relief Request shall be severed from any other Claims and/or remedies you have. The Public Injunctive Relief Request must be adjudicated by a court after all your other Claims to be decided in arbitration under this Section are resolved in arbitration. The validity, enforceability, and effect of this Section 14(k) shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.
    12. ADDITIONAL PROCEDURES FOR MASS ARBITRATION:
      1. If twenty-five (25) or more similar claims of consumers with non-commercial disputes are asserted against Jack Wolfskin by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules.
      1. Counsel for the claimants and counsel for Jack Wolfskin shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the initial bellwether process.
      2. If the parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings, the parties shall participate in a global mediation session before a retired judge, and Jack Wolfskin shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this staged process.
      3. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired judge, and Jack Wolfskin shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Jack Wolfskin agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims.
      4. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator unless the parties agree otherwise. The statute of limitations and any filing fee deadlines shall be tolled for Claims subject to this Section 14(l) from the time the first cases are selected for the initial bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have the authority to enforce this paragraph by enjoining the mass filing or prosecution of arbitration demands against Jack Wolfskin. Should a court of competent jurisdiction decline to enjoin this Section 14(l), you and we agree that your and our counsel shall engage in good faith discussions with the assistance of an arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
    1. GOVERNING LAW: Notwithstanding any other section in this Agreement to the contrary, you and we agree that you and we are participating in transactions that involve interstate commerce and that this Section and any resulting arbitration are governed by the FAA. Notwithstanding any section in this Agreement to the contrary, to the extent state law applies, the laws of California without regard to conflicts of law principles shall apply. No state statute pertaining to arbitration shall apply.
    2. SEVERABILITY: Notwithstanding any Section in this Agreement to the contrary, if any provision of this Section 14, except for Section 14(j), is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section. However, if Section 14(j) is deemed invalid or unenforceable in whole or in part, then this entire Section shall be deemed invalid and unenforceable.
  2. 16. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Jack Wolfskin, its parent and affiliates, and each of our respective licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with Jack Wolfskin in the defense of any claim. Jack Wolfskin reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  1. 17. MISCELLANEOUS PROVISIONS

Jack Wolfskin may discontinue this Website at any time and for any reason, without notice. Jack Wolfskin may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jack Wolfskin as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jack Wolfskin’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Except as otherwise set forth in Section 15, if any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Any reference made in this Agreement to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of this Agreement is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.

This Agreement constitutes the entire and final agreement regarding the Website and its contents, and supersedes any prior or contemporaneous communications between you and Jack Wolfskin regarding the Website and its contents.

All rights not expressly granted herein are hereby reserved to Jack Wolfskin.

Contest Terms and Conditions

Jack Wolfskin Discover Your Local Zoo Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN.  

1. Who Can Enter: To participate in the Jack Wolfskin Discover Your Local Zoo Sweepstakes (“Sweepstakes”), you must be a legal resident of the United States and at least 18 years of age. Void where prohibited. Employees, officers, principals, directors or agents of Jack Wolfskin North America, Inc. (“Sponsor”), and its respective parents, subsidiaries, affiliates, and advertising and promotion agencies (collectively, “Released Parties”), and members of their households (whether or not related) or immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside), are not eligible to participate.

2. How to Enter: Between 12:01 AM Pacific Time (“PT”) on February 7, 2024 and 11:59 PM PT on February 29, 2024 (“Sweepstakes Period”), there are two (2) ways to enter:

  • Online Entry Method: Register and complete the online entry form at https://us.jackwolfskin.com/giveaways.  The online entry form must be submitted between 12:01 AM Pacific Time (“PT”) on February 7, 2024 and 11:59 PM PT on February 29, 2024. By entering this sweepstakes, entrants are agreeing to receive emails from Jack Wolfskin NA.  Entrants will be able to unsubscribe to these emails at any time. Any entry forms that are illegible, incomplete or late will be disqualified. Entrants may not submit more than one (1) entry into the Sweepstakes. Multiple entries and entries generated by script, macro or other automated means will be void. All entries become the property of the Sponsor. All entries become the sole property of Sponsor.
  • Mail-In Entry Method: To enter without completing an online form, send a 3” x “5 card or piece of paper hand printed with your name, address, telephone number, JW Discover and email address in an envelope with proper postage affixed to: 15202 Graham Street, Huntington Beach, CA 92649, for receipt by no later than February 29, 2024. Mechanical or stamped entries will not be accepted.

Limit one (1) entry per person, regardless of method of entry. Multiple entries from any person will be void. Entries generated by script, macro or other automated means or any means that subvert the entry process will be void. All entries become the property of the Sponsor.

3. Prize: The Prize includes Zoo-day pass for two people (2) with a maximum of one hundred and sixty ($160) USD for both tickets; two (2) Jack Wolfskin Jacket/Top valued at two hundred and twenty ($220) USD and Jack Wolfskin Accessories to be provided by Sponsor valued at one hundred and fifty ($150) USD.  Total Approximate Retail Value of Prize is (“ARV”): $530. Winner will not receive difference between actual and approximate retail value, if any.  The winner is solely responsible for the reporting and payment of any tax liabilities incurred as a result of or relating to the awarding or use of prize. The prize is awarded "AS IS" without any warranty of any kind, express or implied. Prize cannot be redeemed for cash. No substitution, exchange or transfer of the prize will be made or is permitted by winner. Sponsor reserves the right to substitute a prize (or portion thereof) for an alternative prize of comparable or greater value in Sponsor's sole and absolute discretion. All prize details are at Sponsor’s sole discretion.

4. Prize Drawing: One (1) potential winner will be selected in a random drawing on or about DATE by the Sponsor from all eligible entries received.

5. Odds of Winning: Odds of winning depend on the number of eligible entries received.

6. Winner Notification: The potential winner will be notified via e-mail within 48 hours after the drawing. The potential winner must follow the directions contained in the Prize Acceptance Form provided by Sponsor and email or fax all completed forms, correctly filled out and signed, and provide any additional information that may be required, to Sponsor within three (3) days of notification as a potential winner, including, but not limited to, an Affidavit (or Declaration) of Eligibility/Further Release of Liability and Publicity Rights (where legal). Failure to respond within the time specified or other non-compliance with these Official Rules will result in disqualification as a potential prize winner and void further participation in the Sweepstakes. If the potential winner cannot be contacted in a timely fashion, or if for any reason a prize cannot be awarded to that potential winner, another entry will be randomly selected until the prize has been awarded. All decisions of the Sponsor about the potential winner are final, binding and non-appealable. Released Parties are not responsible for any incorrect or illegible address information or the non-award of the prize resulting therefrom, or for any unsuccessful efforts to notify a potential winner or to receive a winner's response.

It is the sole responsibility of the entrant to notify Sponsor in writing if the entrant changes his/her contact information. (To do so, write to: Jack Wolfskin North America, Inc. at 15202 Graham Street, Huntington Beach, CA 92649).

7. Limits of Liability: By entering the Sweepstakes, entrants agree to release and hold Released Parties harmless from and against any and all damages and claims of any kind in connection with the Sweepstakes or resulting from entrance in the Sweepstakes (including any travel or activity related thereto), or receipt, acceptance, possession or use of the prize.

Released Parties assume no responsibility for any lost, stolen, delayed, damaged, garbled, inaccurate, incomplete or misdirected entries, emails, hiking activity, or other communications of any kind, or (ii) for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure or delay of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or (iii) or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the functionality of the Strava app or its tracking feature, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials, or (iv) for any injury or damage to an entrant's or any other person's computer or other equipment related to or resulting from entrant's participation in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes should a virus, bug or other corrupt the security or proper administration of the Sweepstakes. If terminated, Sponsor reserves the right, in its sole discretion, to award the prize at random from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized account subscriber of the e-mail account at the time of entry shall be deemed to be the entrant and must comply with these Official Rules. “Authorized account subscriber” is the natural person who is assigned the e-mail address by the ISP, on-line service provider, or other organization responsible for assigning e-mail addresses.  Any attempt to deliberately damage or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including, without limitation, attorneys’ fees) to the fullest extent permitted by law, including criminal prosecution. Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor reserves the right to conduct an alternate test of skill as it deems appropriate or necessary to comply with applicable law.

8. Publicity Grant: Entry into the Sweepstakes shall be deemed to be entrant's consent and authorization for Sponsor and its designees to the use of entrant's name, address (city and state)and any other information submitted by entrant for commercial, advertising and promotional purposes, in any and all media, now or hereafter devised in any manner, worldwide in perpetuity, without further compensation or notification to, or permission from, entrant, unless prohibited by law.

9. General: This Sweepstakes is subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes participants agree to be bound by these Official Rules and by the decision of the Sponsor, which shall be final and binding on all matters relating to this Sweepstakes.

10. Privacy: Sponsor may use any of the entrant's personal information submitted in connection with this Sweepstakes per the terms of the privacy policy located at https://us.jackwolfskin.com/privacy-policy.

11. Sponsor: Jack Wolfskin North America, Inc. at 15202 Graham Street, Huntington Beach, CA 92649.